NOTICE OF REVOCATION ADB 11-89; 25-89 David A. Knickerbocker, P-31620, Portage, Michigan, by Attorney Discipline Board Allegan County Hearing Panel.
1) Revocation; 2) Effective May 3, 1989. The respondent failed to answer the Formal Complaints and failed to appear at the hearing held in Allegan on March 7, 1989. Respondent's defaults were entered and the hearing panel determined that the defaults established the allegations of the Formal Complaints. Respondent was appointed as Personal Representative of an estate in Kalamazoo County Probate Court. In violation of his duties as Personal Representative, Respondent wrote himself twenty-two checks on the estate account and misappropriated the sum of $32,595.97 for his own use. In a separate matter, Respondent represented a client in a certain dissolution action pending in the Allegan County Circuit Court involving the purchase of common stock of a Michigan corporation and an agreement denominated as Pledge of Stock. Respondent failed to file written objections to a transfer of shares of stock resulting in loss to his client of 40,000 shares of stock valued at $100,000. Respondent filed a civil action in the Federal District Court, Western District of Michigan, Southern Division, and failed to file an answer to a motion for change of venue. Respondent also failed to answer two Requests for Investigation. Respondent's conduct was found to be in violation of MCR 9.104(1-4,7); MCR 9.103(C); MCR 9.113(B)(2); and Canons 1, 6, 7 and 9 of the Code of Professional Responsibility, DR 1-102(A)(1,3-6); DR 6-101(A)(3); DR 7-101(A)(1-3); and DR 9-102(B)(4). Costs were assessed in the amount of $146.20.